Bill Text: FL H1351 | 2011 | Regular Session | Introduced


Bill Title: South Broward Drainage District, Broward County

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2011-05-02 - Ordered enrolled -HJ 1005 [H1351 Detail]

Download: Florida-2011-H1351-Introduced.html
HB 1351

1
A bill to be entitled
2An act relating to the South Broward Drainage District,
3Broward County; amending chapter 98-524, Laws of Florida,
4as amended; revising and providing definitions; conforming
5terminology; deleting and updating obsolete provisions;
6revising inconsistent provisions; revising the method of
7deciding elections of commissioners in the event of a tie
8vote; clarifying language relating to the imposition of
9district assessments and taxes; clarifying the type of
10property subject to district rules, criteria, and
11regulations; authorizing the board to take appropriate
12action as may be required of the district by another
13governmental agency; requiring the district to take
14designated water control elevations into consideration for
15all projects within the district; authorizing the
16treasurer, rather than the secretary, of the board to be
17involved in the preparation of the district's budget;
18clarifying procedures relating to special assessments;
19authorizing the treasurer to prepare the district tax
20record; requiring the district to prepare plans,
21specifications, and estimates for improvements;
22authorizing the district director to implement certain
23activities and receive documents relating to special
24assessments; conforming cross-references; prohibiting
25obstruction, damage, or destruction of district facilities
26and noncompliance with the district's 5-year
27recertification program rules, criteria, or regulations;
28clarifying applicability; providing severability;
29providing an effective date.
30
31Be It Enacted by the Legislature of the State of Florida:
32
33     Section 1.  Subsections (1) and (10) of section 9,
34subsection (6) of section 10, and sections 13, 19, 21, 22, 23,
3541, and 42 of section 2 of chapter 98-524, Laws of Florida, as
36amended by chapters 2004-459 and 2007-308, Laws of Florida, are
37amended, and subsection (14) is added to section 9 of that
38section, to read:
39     Section 9.  Definitions.-
40     (1)  "Assessable improvements" includes, without
41limitation, any and all drainage, and land, and water management
42reclamation works and facilities, sewer systems, storm sewers
43and drains, water systems, streets, roads, or other projects of
44the district, or that portion or portions thereof, local in
45nature and of special benefit to the premises or lands served
46thereby, and any and all modifications, improvements, and
47enlargements thereof.
48     (10)  "Drainage and water management reclamation
49facilities" means any canals, ditches, water management areas,
50or other drainage facilities, reservoirs, dams, levees,
51sluiceways, dredging, holding basins, floodways, pumping
52stations, or any other works, structures, or facilities for the
53conservation, control, development, utilization, management, and
54disposal of water, and any purposes appurtenant, necessary, or
55incidental thereto, and includes all real and personal property
56and any interest therein, rights, easements, and franchises of
57any nature relating to any such drainage and water management
58reclamation facilities or necessary or convenient for the
59acquisition, construction, reconstruction, operation, or
60maintenance thereof. The terms "drainage" and "water management"
61shall be used interchangeably and shall mean the conservation,
62control, utilization, management, collection, disposal,
63conveyance, flowage, storage, detention, retention, absorption,
64run-off, pumping, and discharge of water or stormwater and any
65purposes appurtenant, necessary, or incidental thereto. This
66definition shall in no way be deemed to expand or reduce the
67district's powers.
68     (14)  "Five-year recertification program" means the
69district's program that requires the district's 5-year surface
70water management operation and maintenance permit for drainage
71facilities to be renewed at the end of every 5 years by the
72permittee or landowner and that requires that the permitted
73surface water management and drainage system is operational and
74complies with the district's rules, regulations, and criteria.
75     Section 10.  Board of commissioners; election;
76organization; terms of office; benefits; quorum; report and
77minutes.-
78     (6)  Except as stated in this act, the board shall be
79composed of seven members as follows:
80     (a)  In the general election of November 2008 and in the
81November general election of every 4th year thereafter, one
82commissioner shall be elected from Zone 1, one commissioner
83shall be elected from Zone 3, and one commissioner shall be
84elected from Zone 6. The commissioners elected in November 2008
85shall serve until their terms expire in November 2012.
86     (b)  In the general election of November 2010, and in the
87November general election of every 4th fourth year thereafter,
88one commissioner shall be elected from Zone 2, one commissioner
89shall be elected from Zone 4, one commissioner shall be elected
90from Zone 5, and one commissioner shall be elected from Zone 7.
91The commissioners elected in November 2010 shall serve until
92their terms expire in November 2014.
93     (c)  If only one candidate qualifies for an office, that
94candidate shall be deemed elected. If two or more candidates
95qualify for an office, the names of those candidates shall be
96placed on the ballot for the designated November general
97election.
98     (d)  The candidate receiving the highest number of votes
99cast for the office of commissioner for each respective zone at
100each respective election shall be declared elected to such
101office. If the vote results in a tie, the outcome shall be
102determined by the drawing of a card from a standard unopened
103sealed deck of 52 cards provided by the district director. The
104candidate drawing the highest card shall be declared elected to
105such office lot.
106     (e)  Commissioners elected or reelected shall be inducted
107into office at the first regularly scheduled meeting of the
108board following certification of the election.
109     Section 13.  Powers.-The district shall have, and the board
110may exercise, any or all the following powers:
111     (1)  To contract and be contracted with; to sue and be sued
112in the name of the district; to adopt and use a seal; to
113acquire, by purchase, gift, devise, condemnation, eminent
114domain, or otherwise, property, real or personal, or any estate
115therein, within or without the district, to be used for any
116purpose necessary or to meet the needs of any of the purposes of
117this act.
118     (2)  To establish, construct, operate, and maintain a
119system of main and lateral canals, drains, ditches, levees,
120dikes, dams, sluices, locks, revetments, reservoirs, holding
121basins, floodways, pumping stations, syphons, culverts, and
122storm sewers, and to connect some or any of them as within the
123judgment of the board is deemed advisable to drain and provide
124water management services for reclaim the lands within the
125district.
126     (3)  To acquire and maintain appropriate sites for storage
127and maintenance of the equipment of the district; and to acquire
128and maintain and construct a suitable building to house the
129office and records of the district.
130     (4)  To clean out, straighten, widen, open up, or change
131the course and flow, alter, or deepen any canal, ditch, drain,
132river, water course, or natural stream as within the judgment of
133the board is deemed advisable to drain and provide water
134management services for reclaim the lands within the district;
135to acquire, purchase, operate, and maintain pumps, plants, and
136pumping systems for drainage purposes; and to construct,
137operate, and maintain irrigation works and machinery in
138connection with the purposes herein set forth.
139     (5)  To regulate and set forth by appropriate resolution
140the drainage and water management requirements and conditions to
141be met for the land within the district and for plats to be
142entitled to record on any land within the district, including
143authority to require as a condition precedent for any platting,
144that good and sufficient bond be posted to assure proper
145drainage and water management for the area to be platted.
146     (6)  To borrow money and issue bonds, certificates,
147warrants, notes, or other evidences of indebtedness of the
148district as hereinafter provided.
149     (7)  To build and construct any other works and
150improvements deemed necessary to preserve and maintain the works
151in or out of the district; to acquire, construct, operate,
152maintain, use, sell, convey, transfer, or otherwise provide for
153machines and equipment for drainage and water management
154reclamation purposes; and to contract for the purchase,
155construction, operation, maintenance, use, sale, conveyance, and
156transfer of the said machinery and equipment.
157     (8)  To construct or enlarge, or cause to be constructed or
158enlarged, any and all bridges or culverts that may be needed in
159or out of the district, across any drain, ditch, canal,
160floodway, holding basin, excavation, public highway, railroad
161right-of-way, easement, reservation, tract, grade, fill, or cut;
162to construct roadways over levees and embankments; to construct
163any and all of said works and improvements across, through, or
164over any drain, ditch, canal, floodway, holding basin,
165excavation, public highway, railroad right-of-way, easement,
166reservation, track, grade, fill, or cut in or out of the
167district; and to remove any fence, building, or other
168improvements, in or out of the district for purposes of drainage
169and water management reclamation.
170     (9)  To hold, control, and acquire by donation, purchase,
171or condemnation, any easement, reservation, or dedication in or
172out of the district, for any of the purposes herein provided. To
173condemn or acquire, by purchase or grant or by exercise of the
174right of eminent domain, for use in the district, any land or
175property within or without the district and acquire or condemn
176any other property within or without the district. To exercise
177the right of eminent domain as provided by chapters 73 and 74,
178Florida Statutes.
179     (10)  To assess and impose upon all of the lands in the
180district an annual assessment or drainage tax, an administrative
181tax, and a maintenance tax as hereinafter provided on all
182assessable property within the district for the purposes as
183herein provided.
184     (11)  To impose and foreclose special assessment liens as
185hereinafter provided.
186     (12)  To prohibit, regulate, and restrict by appropriate
187resolution all structures, materials, and things, whether solid,
188liquid, or gas, whether permanent or temporary in nature, which
189come upon, come into, connect to, or be a part of any of the
190main or lateral drains, ditches, canals, levees, dikes, dams,
191sluices, revetments, reservoirs, holding basins, floodways,
192pumping stations, and syphons which may have been heretofore
193created or may hereafter be created or hereafter constructed,
194and if deemed necessary, to take appropriate action as may be
195required of the district by another governmental agency having
196jurisdiction over the district. Notwithstanding the above, the
197district's designated water control elevations shall be
198maintained in accordance with the terms of the district's South
199Florida Water Management District permits and any agreements
200that may be entered into between the district, South Florida
201Water Management District, and any other governmental entity.
202When reviewing all submitted permit applications, including, but
203not limited to, all district projects, the district shall take
204into consideration the water control elevations in the design,
205construction, and maintenance of all drainage and water
206management facilities such that the design, construction, and
207maintenance within the district will not adversely impact the
208designated water control elevations.
209     (13)  To administer and provide for the enforcement of all
210of the provisions herein, including the making, adopting,
211promulgating, amending, and repealing of all rules, criteria,
212and regulations necessary or convenient for the carrying out of
213the duties, obligations, and powers conferred on the district
214created herein.
215     (14)  To cooperate with or contract with other drainage
216districts or other governmental agencies as may be necessary,
217convenient, incidental, or proper in connection with any of the
218powers, duties, or purposes of the district as stated in this
219act.
220     (15)  To employ engineers, attorneys, agents, employees,
221and representatives as the board of commissioners may from time
222to time determine necessary and to fix their compensation and
223duties.
224     (16)  To exercise all of the powers necessary, convenient,
225incidental, or proper in connection with any of the powers,
226duties, or purposes of said district as stated in this act.
227     (17)  To construct, improve, and maintain roadways and
228roads necessary and convenient to provide access to and
229efficient development of areas made suitable and available for
230cultivation, settlement, urban subdivision, homesites, and other
231beneficial developments as a result of the drainage and water
232management operations of the district.
233     (18)  To make use of any dedication to public use, or
234platted and dedicated easements, or reservations within or
235without the boundaries of the district.
236     (19)  To exercise any and all other powers conferred upon
237drainage and water control districts by chapter 298, Florida
238Statutes, including, but not limited to, the power to acquire
239and construct drainage and water management improvements, to
240issue bonds to pay the cost thereof, and to levy and collect
241assessments and drainage taxes upon lands benefited by the
242improvements.
243     Section 19.  Annual budget.-Prior to the end of each fiscal
244year after this act is effective, the treasurer of the board or
245the secretary or director of the district shall prepare a
246proposed budget to be submitted to the board for approval. The
247proposed budget shall include an estimate of all necessary
248expenditures of the district for the next ensuing fiscal year
249and an estimate of income to the district from the taxes and
250assessments provided in this act. The board shall consider the
251proposed budget item by item and may either approve the budget
252as proposed by the treasurer or secretary or director or modify
253the same in part or in whole. The board shall indicate their
254approval of the budget by resolution, which resolution shall
255provide for a hearing on the budget as approved. Notice of the
256hearing on the budget shall be published in a newspaper of
257general circulation in Broward County once a week for 2
258consecutive weeks, provided that the second publication shall
259not be less than 7 days after the first publication. The notice
260shall be directed to all landowners in the district and shall
261state the purpose of the meeting. The notice shall further
262contain a designation of the date, time, and place of the public
263hearing, which shall be not less than 7 days after the second
264publication. At the time and place designated in the notice, the
265board shall hear all objections to the budget as proposed, and
266make such changes as the board deems necessary. At the
267conclusion of the budget hearing the board shall, by resolution,
268adopt the budget as finally approved by the board.
269     Section 21.  Water control plan of reclamation; proceedings
270thereon.-The district's water control plan for the drainage and
271water management reclamation of lands which is in effect prior
272to the effective date of this act shall remain in full force and
273effect after the effective date of this act.
274     Section 22.  Adoption, revision, and revocation of water
275control plan of reclamation.-In addition to and not in
276limitation of its power to provide for and adopt a water control
277plan of reclamation provided in section 21 and under chapter
278298, Florida Statutes, and amendments thereto, the board may at
279any time and from time to time adopt, revoke, or modify, in
280whole or in part, any water control plan of reclamation or any
281plan providing for the drainage and water management of lands
282within the district, and may provide for such new and additional
283drainage and water management facilities, canals, ditches,
284levees, and other works as the board may determine. In
285connection with the revision of any water control plan of
286reclamation or the providing of any new or additional drainage
287and water management facilities, canals, ditches, levees, or
288other works, or in the event that the total taxes and
289assessments theretofore levied or the funds derived from the
290sale of bonds are insufficient to pay the cost of any drainage
291or water management works, benefits may be reassessed,
292additional assessments made, and taxes levied in accordance with
293the procedures provided in this act or in chapter 298, Florida
294Statutes. The board may at any time approve and make effective
295technical changes or modifications in any water control plan of
296reclamation or drainage not affecting assessed benefits, levy of
297taxes, or the security of bondholders.
298     Section 23.  Assessing land for drainage and water
299management reclamation; apportionment of tax; drainage tax
300record.-The board shall, without any unnecessary delay, levy a
301tax of such portion of benefits of the district's water control
302plan of reclamation on all lands in the district to which
303benefits have been assessed, as may be found necessary by the
304board to pay the costs of the completion of the proposed works
305and water management and drainage improvements, as shown in said
306water control plan of reclamation and in carrying out the
307objectives objects of said district; and, in addition thereto,
30810 percent of said total amount for emergencies. The said tax
309shall be apportioned to, and levied on, each tract or parcel of
310land in said district in proportion to the benefits assessed,
311and not in excess thereof; and in case bonds are issued, as
312provided in this act, a tax shall be levied in a sum not less
313than an amount 90 percent of which shall be equal to the
314principal of said bonds. The amount of bonds to be issued for
315paying the cost of the works as set forth in the water control
316plan of reclamation shall be ascertained and determined by the
317board; however, the total amount of all bonds to be issued by
318the district shall in no case exceed 90 percent of the benefits
319assessed upon the lands of the district. The amount of the
320interest, as estimated by said board, which will accrue on such
321bonds, shall be included and added to the said tax, but the
322interest to accrue on account of the issuing of said bonds shall
323not be construed as a part of the costs of construction in
324determining whether or not the expenses and costs of making said
325improvements are equal to, or in excess of, the benefits
326assessed. The secretary or treasurer of the board, or the
327director, as soon as said total tax is levied, shall, at the
328expense of the district, prepare a list of all taxes taxies
329levied, in the form of a well bound book, which book shall be
330endorsed and named "DRAINAGE TAX RECORD OF SOUTH BROWARD
331DRAINAGE DISTRICT, BROWARD COUNTY, FLORIDA," which endorsement
332shall be printed or written at the top of each page in said
333book, and shall be signed and certified by the chairperson and
334secretary or treasurer of the board, attested by affixing the
335seal of the district, and the same shall thereafter become a
336permanent record in the office of said secretary, treasurer, or
337director. In the alternative, so long as the Broward County
338property appraiser or revenue collector assesses and collects
339the taxes and assessments authorized by this section, the
340records of the Broward County property appraiser shall satisfy
341the requirements of the drainage tax record of the district.
342     Section 41.  Operation and Administrative, maintenance, and
343operations tax.-To carry on the business of the district and to
344pay the administrative, maintenance, and operational costs
345thereof and in addition to any other tax or assessment
346authorized to be levied, the district is authorized to levy a
347tax on all the lands within the district as determined by the
348board for said purpose. This tax shall be a lien until paid on
349the property against which assessed and enforceable in like
350manner as county taxes. The amount of the tax shall be
351determined by the board based upon a report of the secretary or
352treasurer of the board or the director and assessed by the board
353upon such lands, which may be all of the lands within the
354district. This tax shall be evidenced to and certified by the
355board each year to the property appraiser and shall be entered
356by the property appraiser on the county tax rolls and shall be
357collected by the revenue collector in the same manner and time
358as county taxes and the proceeds therefrom paid to the district.
359     Section 42.  Maintenance tax.-To maintain and preserve the
360drainage improvements of the district, a maintenance tax shall
361be evidenced to and certified by the board each year to the
362property appraiser and shall be entered by the property
363appraiser on the county tax rolls and shall, be collected by the
364revenue collector in the same manner and time as county taxes
365and the proceeds therefrom paid to the district. The tax shall
366be a lien until paid on the property against which assessed and
367enforceable in like manner as county taxes. The amount of said
368maintenance tax shall be determined by the board based upon a
369report of the chief engineer or director and assessed by the
370board upon such lands, which may be all of the lands within the
371district, benefited by the maintenance thereof.
372     Section 2.  Sections 43 through 74 of section 2 of chapter
37398-524, Laws of Florida, as amended by chapter 2007-308, Laws of
374Florida, are renumbered as sections 42 through 73, respectively,
375present section 45, subsection (1) of present section 46,
376subsection (1) of present section 49, present sections 50, 52,
37755, and 58, subsection (2) of present section 59, and present
378sections 64, 65, 68, 70, and 72 are amended, and subsection (4)
379is added to present section 62 of that section, to read:
380     Section 44 45.  Special assessments.-The board may provide
381for the construction or reconstruction of assessable
382improvements as defined in section 9, and for the levying of
383special assessments upon benefited property for the payment
384thereof, under provisions of this section. Such special
385assessments may be levied and assessed in either of the
386alternate methods provided in subsections (2) and (3), and
387except for such procedure, all the other provisions of this
388section and this act shall apply to levy of such special
389assessments under either subsection (2) or subsection (3).
390     (1)  The initial proceeding under subsection (2) or
391subsection (3) shall be the passage by the board of a resolution
392ordering the construction or reconstruction of such assessable
393improvements, indicating the location by terminal points and
394routes and either giving a description of the improvements by
395its material, nature, character, and size or giving two or more
396descriptions with the directions that the material, nature,
397character, and size shall be subsequently determined in
398conformity with one of such descriptions. Drainage improvements
399need not be continuous and may be in more than one locality. The
400resolution ordering any such improvement may give any short and
401convenient designation to each improvement ordered thereby, and
402the property against which assessments are to be made for the
403cost of such improvement may give any short and convenient
404designation to each improvement ordered thereby, and the
405property against which assessments are to be made for the cost
406of such improvement may be designated as an assessment district,
407followed by a letter or number or name to distinguish it from
408other assessment districts, after which it shall be sufficient
409to refer to such improvement and property by such designation in
410all proceedings and assessments, except in the notices required
411by this section. As soon as possible after the passage of such
412resolution, the engineer for the district shall prepare, in
413duplicate, plans and specifications for each improvement ordered
414thereby and an estimate of the cost thereof. Such cost shall
415include, in addition to the items of cost as defined in this
416act, the cost of relaying streets and sidewalks necessarily torn
417up or damaged and the following items of incidental expenses:
418     (a)  Printing and publishing notices and proceedings.
419     (b)  Costs of abstracts of title.
420     (c)  Any other expense necessary or proper in conducting
421the proceedings and work provided for in this section, including
422the estimated amount of discount, if any, financial expenses
423upon the sale of assessment bonds or any other obligations
424issued hereunder for which such special assessment bonds or any
425other obligations issued hereunder for which such special
426assessments are to be pledged, and interest prior to and until
427not more than 2 years after the completion of said assessable
428improvements. If the resolution shall provide alternative
429descriptions of material, nature, character, and size, such
430estimate shall include an estimate of the cost of the
431improvement of each such description.
432
433The district engineer shall next prepare, in duplicate, a
434tentative apportionment of the estimated total cost of the
435improvement as between the district and each lot or parcel of
436land subject to special assessment under the resolution, such
437apportionment to be made in accordance with the provisions of
438the resolution and in relation to apportionment of cost provided
439herein for the preliminary assessment roll. Such tentative
440apportionment of total estimated cost shall not be held to limit
441or restrict the duties of the director engineer in the
442preparation of such preliminary assessment roll under subsection
443(2). One of the duplicates of such plans, specifications, and
444estimates and such tentative apportionment shall be filed with
445the secretary of the board and the other duplicate shall be
446retained by the director engineer in his or her files, all
447thereof to remain open to public inspection.
448     (2)(a)  If the special assessments are to be levied under
449this subsection, the secretary of the board, or the director,
450upon the filing with the secretary of such plans,
451specifications, estimates, and tentative apportionment of cost,
452shall publish once in a newspaper published in the county where
453the benefited land is located and of general circulation in the
454county, a notice stating that at a meeting of the board on a
455certain day and hour, not earlier than 15 days from such
456publication, the board will hear objections of all interested
457persons to the confirmation of such resolution, which notice
458shall state in brief and general terms a description of the
459proposed assessable improvements with the location thereof, and
460shall also state that plans, specifications, estimates, and
461tentative apportionment of cost thereof are on file with the
462secretary of the board or the director. A copy of the notice
463shall be mailed to the landowners of the land to be benefited by
464construction of the assessable improvements improvement. The
465landowners shall be determined by reference to the last
466available tax roll of Broward County. The secretary of the board
467or the director shall keep a record in which shall be inscribed,
468at the request of any person, firm, or corporation having or
469claiming to have any interest in any lot or parcel of land, the
470name and post office address of such person, firm, or
471corporation, together with a brief description or designation of
472such lot or parcel, and it shall be the duty of the secretary of
473the board or the director to mail a copy of such notice to such
474person, firm, or corporation at such address at least 10 days
475before the time for the hearing as stated in such notice, but
476the failure of the secretary of the board or the director to
477keep such record or so to inscribe any name or address or to
478mail any such notice shall not constitute a valid objection to
479holding the hearing as provided in this section or to any other
480action taken under the authority of this section.
481     (b)  At the time named in such notice, or to which an
482adjournment may be taken by the board, the board shall receive
483any objections of interested persons and may then or thereafter
484repeal or confirm such resolution with such amendments, if any,
485as may be desired by the board and which do not cause any
486additional property to be specially assessed.
487     (c)  All objections to any such resolution on the ground
488that it contains items which cannot be properly assessed against
489property, or that it is, for any default or defect in the
490passage or character of the resolution or the plans or
491specifications or estimate, void or voidable in whole or in
492part, or that it exceeds the power of the board, shall be made
493in writing, in person or by attorney, and filed with the
494secretary of the board or the director at or before the time or
495adjourned time of such hearing. Any objections against the
496making of any assessable improvements not so made shall be
497considered as waived, and, if any objections shall be made and
498overruled or shall not be sustained, the confirmation of the
499resolution shall be the final adjudication of the issue
500presented unless proper steps shall be taken in a court of
501competent jurisdiction to secure relief within 20 days.
502     (d)  Whenever any resolution providing for the construction
503or reconstruction of assessable improvements and for the levying
504of special assessments upon benefited property for the payment
505thereof has been confirmed, and the special assessments are
506levied under this subsection, or at any time thereafter, the
507board may issue assessment bonds payable out of such assessments
508when collected. Such bonds shall mature not later than 2 years
509after the maturity of the last annual installment in which the
510special assessments may be paid, as provided in subsection (4),
511and shall bear interest as provided by section 31. Such
512assessment bonds shall be executed, shall have such provisions
513for redemption prior to maturity, and shall be sold in the
514manner and be subject to all of the applicable provisions
515contained in this act applicable to other bonds, except as the
516same are inconsistent with the provisions of this section. The
517amount of such assessment bonds for any assessable improvement,
518prior to the confirmation of the preliminary assessment roll
519provided for in this subsection shall not exceed the estimated
520amount of the cost of such assessable improvements which are to
521be specially assessed against the lands and real estate referred
522to in this section.
523     (e)  After the passage of the resolution authorizing the
524construction or reconstruction of assessable improvements has
525been confirmed where special assessments are levied under this
526subsection or after the final confirmation of the assessment
527roll where such assessments are levied under subsection (3), the
528board may publish at least once in a newspaper published and of
529general circulation in the county where the benefited land is
530located, a notice calling for sealed bids to be received by the
531board on a date not earlier than 15 days after the first
532publication for the construction of the work, unless in the
533initial resolution the board has declared its intention to have
534the work done by district forces without contract. The notice
535shall refer in general terms to the extent and nature of the
536improvements and may identify the same by the short designation
537indicated in the initial resolution and by reference to the
538plans and specifications on file. If the initial resolution has
539given two or more alternative descriptions of the assessable
540improvements as to its material, nature, character, and size,
541and, if the board has not theretofore determined upon a definite
542description, the notice shall call for bids upon each of such
543descriptions. Bids may be requested for the work as a whole or
544for any part thereof separately and bids may be asked for any
545one or more of such assessable improvements authorized by the
546same or different resolutions, but any bid covering work upon
547more than one improvement shall be in such form as to permit a
548separation of cost as to each improvement. The notice shall
549require bidders to file with their bids either a certified check
550drawn upon an incorporated bank or trust company in such amount
551or percentage of their respective bids, as the board deems
552advisable, or a bid bond in like amount with corporate surety
553satisfactory to the board to ensure the execution of a contract
554to carry out the work in accordance with such plans and
555specifications and ensure the filing, at the making of such
556contract, of a bond in the amount of the contract price with
557corporate surety satisfactory to the board conditioned for the
558performance of the work in accordance with such contract. The
559board shall have the right to reject any or all bids, and, if
560all bids are rejected, the board may readvertise or may
561determine to do the work by the district forces without
562contract.
563     (f)  Promptly after the completion of the work, in the case
564of special assessments levied under this subsection, the
565director, or his or her designee engineer for the district, who
566is hereby designated as the official of the district to make the
567preliminary assessment of benefits from assessable improvements,
568shall prepare a preliminary assessment roll and file the same
569with the secretary of the board which roll shall contain the
570following:
571     1.  A description of abutting lots and parcels of land or
572lands which will benefit from such assessable improvements and
573the amount of such benefits to each such lot or parcel of land.
574There shall also be given the name of the owner of record of
575each lot or parcel, where practicable, and, in all cases, there
576shall be given a statement of the method of assessment used by
577the engineer for determining the benefits.
578     2.  The total cost of the improvements and the amount of
579incidental expense.
580     (g)  The preliminary roll shall be advisory only and shall
581be subject to the action of the board as hereafter provided.
582Upon the filing with the secretary of the board or the director
583of the preliminary assessment roll, the secretary of the board
584or the director shall publish at least once in a newspaper
585published and of general circulation in the county where the
586benefited land is located, a notice stating that at a meeting of
587the board to be held on a certain day and hour, not less than 15
588days after the date of such publication, which meeting may be a
589regular, adjourned, or special meeting, all interested persons
590may appear and file written objections to the confirmation of
591such roll. Such notice shall state the class of the assessable
592improvements and the location thereof by terminal points and
593route.
594     (h)  At the time and place stated in such notice the board
595shall meet and receive the objections in writing of all
596interested persons as stated in such notice. The board may
597adjourn the hearing from time to time. After the completion
598thereof the board shall either annul or sustain or modify in
599whole or in part the prima facie assessment as indicated on such
600roll, either by confirming the prima facie assessment against
601any or all lots or parcels described therein or by canceling,
602increasing, or reducing the same, according to the special
603benefits which the board decides each lot or parcel has received
604or will receive on account of such improvement. If any property
605which may be chargeable under this section has been omitted from
606the preliminary roll or if the prima facie assessment has not
607been made against it, the board may place on such roll an
608apportionment to such property. The board shall not confirm any
609assessment in excess of the special benefits to the property
610assessed, and the assessments so confirmed shall be in
611proportion to the special benefits. Forthwith after such
612confirmation such assessment roll shall be delivered to the
613secretary of the board or the director. The assessment so made
614shall be final and conclusive as to each lot or parcel assessed
615unless proper steps be taken within 30 days in a court of
616competent jurisdiction to secure relief. If the assessment
617against any property shall be sustained or reduced or abated by
618the court, the secretary of the board or the director shall note
619that fact on the assessment roll opposite the description of the
620property affected thereby. The amount of the special assessment
621against any lot or parcel which may be abated by the court,
622unless the assessment upon all benefited property be abated, or
623the amount by which such assessment is so reduced, may, by
624resolution of the board, be made chargeable against the district
625at large; or, at the discretion of the board, a new assessment
626roll may be prepared and confirmed in the manner herein provided
627for the preparation and confirmation of the original assessment
628roll.
629     (i)  Pending the final confirmation of such special
630assessments in the manner provided in this subsection, the
631district shall have a lien on all such lands and real estate
632after the passage of the initial resolution, subject, however,
633to the final confirmation thereof in the manner provided in this
634subsection.
635     (3)(a)  The district engineer, under the procedure provided
636for in this subsection shall next, after passage of the initial
637resolution and filing of the plans and estimates of cost by the
638district engineer, prepare an assessment roll for the district
639in duplicate, which assessment roll shall contain an
640apportionment of the estimated total cost of the improvement as
641between the district and each lot or parcel of land subject to
642the special assessment under the initial resolution, such
643apportionment to be made in accordance with the provisions of
644the initial resolution. One of the duplicates of said assessment
645roll shall be filed with the secretary of the board and the
646other duplicate shall be retained by the director district
647engineer in his or her files, all thereof to remain open to
648public inspection.
649     (b)  Upon the completion and filing of said assessment
650roll, the secretary of to the board or the director shall cause
651a copy thereof to be published once in a newspaper published in
652the county where the benefited land is located and of general
653circulation in the county, together with a notice directed to
654all property owners interested in the special assessments
655stating that at a meeting of the board on a certain day and
656hour, not earlier than 15 days after such publication, the board
657sitting as an equalizing board, will hear objections of all
658interested persons to the final confirmation of such assessment
659roll, and will finally confirm such assessment roll or take such
660action relative thereto as it deems necessary and advisable. A
661copy of the notice shall be mailed to the landowners of the land
662to be benefited by construction of the assessable improvements
663improvement. The landowners shall be determined by reference to
664the last available tax roll of Broward County. The secretary of
665the board or the director shall keep a record in which shall be
666inscribed, at the request of any person, firm, or corporation
667having or claiming to have any interest in any lot or parcel of
668land, the name and post office address of such each person,
669firm, or corporation, together with a brief description or
670designation of such lot or parcel, and it shall be the duty of
671the secretary of the board or the director to mail a copy of
672such notice to such person, firm, or corporation at such address
673at least 10 days before the time for the hearing as stated in
674such notice, but the failure of the secretary of the board or
675the director to keep such record or so to inscribe any name or
676address or to mail any such notice shall not constitute a valid
677objection to holding the hearing as provided in this section or
678to any other action taken under the authority of this section.
679     (c)  At the time and place named in the notice provided for
680in paragraph (b), the board shall meet as an equalizing board to
681hear and consider any and all complaints as to the special
682assessments, and shall adjust and equalize the special
683assessments on a basis of justice and right, and, when so
684equalized and approved, such special assessment shall stand
685confirmed and remain legal, valid, and binding liens upon the
686properties upon which such special assessments are made, until
687paid in accordance with the provisions of this act. However,
688upon the completion of the improvements, if the actual cost of
689the assessable improvements is less than the amount of such
690special assessments levied, the district shall rebate to the
691owners of any properties which shall have been specially
692assessed for the assessable improvements the difference in the
693special assessments as originally made, levied, and confirmed,
694and the proportionate part of the actual cost of said assessable
695improvements as finally determined upon the completion of said
696assessable improvements. In the event that the actual cost of
697said assessable improvements shall be more than the amount of
698the special assessments confirmed, levied, and as finally
699determined upon the completion of said assessable improvements,
700the proportionate part of such excess cost of such assessable
701improvements may be levied against all of the lands and
702properties against which such special assessments were
703originally levied, or, in the alternative, the board may, in its
704discretion, pay such excess cost from any legally available
705funds.
706     (d)  All objections to any such assessment roll on the
707ground that it contains items which cannot be properly assessed
708against property, or that it is, for any default or defect in
709the passage or character of the assessment roll or the plans or
710specifications or estimate, void or voidable in whole or in
711part, or that it exceeds the power of the board, shall be made
712in writing, in person or by attorney, and filed with the
713secretary of the board or the director at or before the time or
714adjourned time of such hearing on the assessment roll. Any
715objections against the making of any assessable improvements not
716so made shall be considered as waived, and, if any objections
717shall be made and overruled or shall not be sustained, the
718confirmation of the assessment roll shall be the final
719adjudication of the issue presented unless proper steps are
720taken in a court of competent jurisdiction to secure relief
721within 20 days.
722     (e)  All the provisions of subsection (2) not inconsistent
723with this subsection shall apply to the levy of special
724assessments under this subsection.
725     (4)(a)  Any assessment may be paid at the office of the
726secretary of the board or the director within 60 days after the
727confirmation thereof, without interest. Thereafter all
728assessments shall be payable in equal installments, with
729interest as provided by section 31 from the expiration of the 60
730days in each of the succeeding number of years which the board
731shall determine by resolution, not exceeding 20. However, the
732board may provide that any assessment may be paid at any time
733before due, together with interest accrued thereon to the date
734of payment, if such prior payment shall be permitted by the
735proceedings authorizing any assessment bonds or other
736obligations for the payment of which such special assessments
737have been pledged.
738     (b)  All such special assessments levied pursuant to this
739act may, in the discretion of the board, be collected by the
740revenue collector of the county at the same time as the general
741county taxes are collected by the revenue collector of the
742county, and the board shall in such event certify to the county
743revenue collector and county property appraiser in each year a
744list of all such special assessments and a description of, and
745names of the owners of, the properties against which such
746special assessments have been levied and the amounts due thereon
747in such year, and interest thereon for any deficiencies for
748prior years. The amount to be so certified by the board to the
749county revenue collector and county property appraiser to be
750collected in such year may include, in the discretion of the
751board, the principal installment of such special assessments
752which will become due at any time in the next succeeding fiscal
753year, and all or any part of the interest which will become due
754on such special assessments during such next fiscal year,
755together with any deficiencies for prior years.
756     (c)  The board may, in lieu of providing for the collection
757of the special assessments by the revenue collector of the
758county, provide for the collection of said special assessments
759by the district under such terms and conditions as the board
760shall determine. In such event, the bills or statements for the
761amounts due in any fiscal year shall be mailed to the owners of
762all properties affected by such special assessments at such time
763or times as the board shall determine and such bills or
764statements may include all or any part of the principal and
765interest which will mature and become due on the annual
766installments of such special assessments during the fiscal year
767in which installments of such assessments are payable.
768     (d)  All charges of the county revenue collector, the
769county property appraiser, or of the district, and the fees,
770costs, and expenses of any paying agents, trustees, or other
771fiduciaries for assessment bonds issued under this act, are
772deemed to be costs of the operation and maintenance of any
773drainage improvements in connection with which such special
774assessments were levied and the board shall be authorized and
775directed to provide for the payment each year of such costs of
776collection, fees, and other expenses from the administrative,
777maintenance, and operations tax as provided in this act as shall
778be mutually agreed upon between the board and the county revenue
779collector and county property appraiser as additional
780compensation for their his or her services for each such
781assessment district in which the special assessments are
782collected by him or her.
783     (e)  All assessments shall constitute a lien upon the
784property so assessed, from the date of final confirmation
785thereof, of the same nature and to the same extent as the lien
786for general county taxes falling due in the same year or years
787in which such assessments or installments thereof fall due, and
788any assessment or installment not paid when due shall be
789collectible with such interest and with a reasonable attorney's
790fee and costs, but without penalties, by the district by
791proceedings in a court of equity to foreclose the line of
792assessments as a lien for mortgages is or may be foreclosed
793under the laws of the state; provided that any such proceedings
794to foreclose shall embrace all installments of principal
795remaining unpaid with accrued interest thereon, which
796installments shall, by virtue of the institution of such
797proceedings, immediately become due and payable. Nevertheless,
798if, prior to any sale of the property under decree of
799foreclosure in such proceedings, payment be made of the
800installment or installments which are shown to be due under the
801provisions of subsection subsections (2) or subsection (3), and
802by this subsection, and all costs, including interest and
803attorney's fees, such payment shall have the effect of restoring
804the remaining installments to their original maturities as
805provided by the resolution passed pursuant to this subsection
806and the proceedings shall be dismissed. It shall be the duty of
807the board to enforce the prompt collection of assessment by the
808means herein provided, and such duty may be enforced at the suit
809of any holder of bonds issued under this act in a court of
810competent jurisdiction by mandamus or other appropriate
811proceedings or action. Not later than 30 days after the annual
812installments are due and payable, it shall be the duty of the
813board to direct the attorney for the district to institute
814actions within 2 months after such direction to enforce
815collection of all special assessments for assessable
816improvements made under this section and remaining due and
817unpaid at the time of such direction. Such action shall be
818prosecuted in the manner and under the conditions in and under
819which mortgages are foreclosed under the laws of the state. It
820shall be lawful to join in one action the collection of
821assessments against any or all property assessed by virtue of
822the same assessment roll unless the court shall deem such
823joinder prejudicial to the interest of any defendant. The court
824shall allow a reasonable attorney's fee for the attorney for the
825district, and the same shall be collectible as a part of or in
826addition to the costs of the action. At the sale pursuant to
827decree in any such action, the district may be a purchaser to
828the same extent as an individual person or corporation, except
829that the part of the purchase price represented by the
830assessments sued upon and the interest thereon need not be paid
831in cash. Property so acquired by the district may be sold or
832otherwise disposed of.
833     (f)  All assessments and charges made under the provisions
834of this section for the payment of all or any part of the cost
835of any assessable improvements for which assessment bonds shall
836have been issued under the provisions of this act, or which have
837been pledged as additional security for any other bonds or
838obligations issued under this act, shall be used only for the
839payment of principal or interest on such assessment bonds or
840other bonds or obligations issued under this act.
841     Section 45 46.  Issuance of certificates of indebtedness
842based on assessments for assessable improvements; assessment
843bonds.-
844     (1)  The board may, after any assessments for assessable
845improvements are made, determined, and confirmed as provided in
846section 44 45, issue certificates of indebtedness for the amount
847so assessed against the abutting property or property otherwise
848benefited, as the case may be, and separate certificates shall
849be issued against each part or parcel of land or property
850assessed, which certificates shall state the general nature of
851the improvement for which the said assessment is made. Said
852certificates shall be payable in annual installments in
853accordance with the installments of the special assessment for
854which they are issued. The board may determine the interest to
855be borne by such certificates as provided by section 31, and may
856sell such certificates at either private or public sale and
857determine the form, manner of execution, and other details of
858such certificates. Such certificates shall recite that they are
859payable only from the special assessments levied and collected
860from the part or parcel of land or property against which they
861are issued. The proceeds of such certificates may be pledged for
862the payment of principal of and interest on any revenue bonds or
863general obligation bonds issued to finance in whole or in part
864such assessable improvement, or, if not so pledged, may be used
865to pay the cost or part of the cost of such assessable
866improvements.
867     Section 48 49.  Changing boundary lines; annexation and
868exclusion of lands.-
869     (1)  Whenever the owners of a majority of the acreage of
870the land within a prescribed area adjacent to the boundaries of
871the district petitions the board to include a specific area of
872lands within the boundaries of the district or when the board by
873resolution proposes that an area of land adjacent to the
874boundaries of the district be included within the boundaries of
875the district, the board shall publish a notice once a week for 2
876consecutive weeks in a newspaper of general circulation
877published in Broward County describing the boundaries of the
878area which is proposed to be taken into the boundaries of the
879district. The notice shall be directed to the landowners within
880the area proposed to be taken into the boundaries of the
881district and shall direct said landowners to show cause in
882writing before the board at a time and place to be stated in
883such notice why such area of land should not be brought into the
884boundaries of the district and why the proceedings and powers
885authorized by this act should not be exercised by the board. At
886the time and place stated in said notice, the board shall hear
887all objections of any landowner within the area proposed to be
888taken into the boundaries of the district and if no objections
889are made or if said objections, if made, are overruled by the
890board, the board shall enter in its minutes its findings and
891adopt a final resolution of annexation confirming the new
892boundaries of the district as they may be extended. Thereafter,
893the board may proceed with the development, drainage, and water
894management reclamation of the new area of land brought into the
895district. If the board shall overrule any landowners' objections
896as provided herein or if such landowner shall deem himself or
897herself aggrieved by the aforesaid action of the board, such
898landowner may within 20 days after the board adopts its final
899resolution of annexation invoke the jurisdiction of the circuit
900court for Broward County. When said resolution annexing the new
901area to the boundaries of the district shall have been adopted
902by the board, or by a court of competent jurisdiction if such
903proposed action shall have been challenged by a landowner by the
904judicial proceedings hereinabove authorized, the board may adopt
905a water control plan of reclamation for the newly annexed area
906and thereafter proceed in a like manner as prescribed in this
907act. Upon the adoption of the final resolution of annexation,
908all provisions of this act shall apply to the newly annexed area
909of land. Lands lying within the boundaries of the district may
910be deannexed in the same manner as the procedure for annexation.
911     Section 49 50.  Unit development; powers of board to
912designate units of district and adopt system of progressive
913drainage by units; water control plans of reclamation and
914financing assessments for each unit; amendment of unit plan.-
915     (1)  The board is authorized in its discretion to drain and
916provide water management reclaim and place under water control
917or more completely and intensively to drain and provide water
918management reclaim and place under water control the lands in
919the district by designated areas or parts of the district to be
920called "units." The units into which the district may be so
921divided shall be given appropriate numbers or names by the
922board, so that the units may be readily identified and
923distinguished. The board shall have the power to fix and
924determine the location, area, and boundaries of lands to be
925included in each and all such units, the order of development
926thereof, and the method of carrying on the work in each unit.
927The unit system of drainage and water management provided by
928this section may be conducted and all of the proceedings by this
929section and this act authorized in respect to such unit or units
930may be carried on and conducted at the same time as or after the
931work of draining and providing water management for reclaiming
932of the entire district has been or is being or shall be
933instituted or carried on under the provisions of this act or
934under chapter 298, Florida Statutes, or both.
935     (2)  If the board determines that it is it advisable to
936conduct the work of draining and providing water management for
937reclaiming the lands in the district by units, as authorized by
938this section, the board shall, by resolution, declare its
939purpose to conduct such work accordingly, and shall fix the
940number, location, and boundaries of and description of lands
941within such unit or units and give them appropriate numbers or
942names. The entire district may also be designated as a unit for
943the proper allocation of such part of the water control and
944drainage plan of reclamation and drainage as benefits the entire
945district.
946     (3)  As soon as practicable after the adoption of such
947resolution, the board shall publish notice once a week for 2
948consecutive weeks in a newspaper or newspapers published and of
949general circulation in Broward County, briefly describing the
950units into which the district has been divided and the lands
951embraced in each unit, giving the name, number, or other
952designation of such units, requiring all owners of lands in the
953district to show cause in writing before the board at a time and
954place to be stated in such notice why such division of the
955district into such units should not be approved, and the system
956of development by units should not be adopted and given effect
957by the board, and why the proceedings and powers authorized by
958this section should not be had, taken, and exercised. At the
959time and place stated in the notice, the board shall hear all
960objections or causes of objection, all of which shall be in
961writing, of any landowner in the district who may appear in
962person or by attorney, to the matters mentioned and referred to
963in such notice, and, if no objections are made, or, if
964objections are made and overruled by the board, then the board
965shall enter in its minutes its finding and order confirming the
966resolution, and may thereafter proceed with the development,
967drainage, and water management reclamation of the district by
968units pursuant to such resolution and to the provisions of this
969act. The failure to make objections as provided in this
970subsection shall constitute a waiver of such objection, and, if
971any objection shall be made and overruled or otherwise not
972sustained, confirmation of the resolution shall be the final
973adjudication of the issues presented unless a judicial
974proceeding is initiated within 10 days after such ruling.
975     (4)  The board may, as a result of any objections or of
976other matters brought forth at such hearing, modify or amend
977said resolution in whole or in part, confirm said resolution
978after overruling all objections, or reject said resolution and,
979if such resolution is confirmed, modified, or amended, may
980proceed thereafter in accordance with said resolution as
981confirmed, modified, or amended. The sustaining of such
982objections and the rescinding of such resolutions shall not
983exhaust the power of the board under this section, but the board
984may at any time adopt other resolutions under this section and
985thereupon proceed on due notice in like manner as provided in
986this section. If the board shall overrule or refuse to sustain
987any such objections in whole or in part made by any landowner in
988the district, or if any such landowner shall deem himself or
989herself aggrieved by any action of the board in respect to any
990objections so filed, such landowner may, within 10 days after
991the ruling of the board, invoke the jurisdiction of the circuit
992court for the 17th circuit; and such suits shall be conducted
993like other chancery suits, except that said suits shall have
994preference over all other pending actions except criminal
995actions and writs of habeas corpus.
996     (5)  When the resolutions creating the unit system shall be
997confirmed by the board, or by the circuit court, if such
998proposed action shall be challenged by a landowner by the
999judicial proceedings authorized in this section, the board may
1000adopt a water control plan or plans of reclamation for and in
1001respect to any or all such units, and to have the benefits and
1002damages resulting therefrom assessed and apportioned in like
1003manner as is provided by chapter 298, Florida Statutes, in
1004regard to water control plans of reclamation for the assessments
1005of benefits and damages of the entire district, or in like
1006manner as is provided for in this act for the assessments of
1007benefits. The board shall have the same powers in respect to
1008each and all of such units as is vested in them with respect to
1009the entire district. All the provisions of this act shall apply
1010to the drainage, water management reclamation, and improvement
1011of each, any, and all such units, and the enumeration of or
1012reference to specific powers or duties of the commissioners or
1013any other officers or other matters in this act, as set forth in
1014this act, shall not limit or restrict the application of any and
1015all of the proceedings and powers herein to the drainage and
1016water management reclamation of such units as fully and
1017completely as if such unit or units were specifically and
1018expressly named in every section and clause of this act where
1019the entire district is mentioned or referred to. Unless the
1020board by resolution otherwise provides, all assessments, levies,
1021taxes, bonds, and other obligations made, levied, assessed, or
1022issued for or in respect to any such unit or units shall be a
1023lien and charge solely and only upon the lands in such unit or
1024units, respectively, for the benefit of which the same shall be
1025levied, made, or issued, and not upon the remaining units or
1026lands in the district.
1027     (6)  The board may at any time amend its resolution by
1028changing the location and description of lands in any unit or
1029units, provided that if the location of or description of lands
1030located in any unit or units is so changed, notice of the change
1031shall be published as required in this section for notice of the
1032formation or organization of such unit or units, and all
1033proceedings shall be had and done in that regard as are provided
1034in this section for the original creation of such unit or units.
1035     (7)  If, after the determination of benefits with respect
1036to any unit or units or the issuance of bonds or other
1037obligations which are payable from taxes or assessments for
1038benefits levied upon lands within such unit or units, the board
1039finds the water control plan of reclamation of any such unit or
1040units insufficient or inadequate for efficient development, the
1041water control plan of reclamation may be amended or changed as
1042provided in chapter 298, Florida Statutes, or as provided in
1043this act, and the unit or units may be amended or changed as
1044provided in this section by changing the location and
1045description of lands in such unit or units or by detaching lands
1046therefrom or by adding lands thereto, but only upon the approval
1047or consent of not less than the holders of a majority in
1048principal amount of such bonds or other obligations, or such
1049other percentage as may be required by the terms of such bonds
1050or other obligations, or without such consent or approval, if
1051the proceedings authorizing such bonds provide that such action
1052may be taken without the consent or approval of the holders
1053thereof. In the event of such amendment or change, all
1054assessments, levies, taxes, bonds, or other obligations made,
1055levied, assessed, incurred, or issued for or in respect to any
1056such unit or units shall be allocated and apportioned to the
1057amended unit or units in proportion to the benefits assessed
1058with respect to the amended water control plan of reclamation.
1059In the event of the change of the boundaries of any unit as
1060provided in this section and the allocation and apportionment to
1061the amended unit or units or assessments, levies, taxes, bonds,
1062and other obligations in proportion to the benefits assessed for
1063the amended water control plan of reclamation, the holders of
1064bonds or other obligations hereafter issued for the original
1065unit shall be entitled to all rights and remedies against any
1066lands added to the amended unit or units as fully and to the
1067same extent as if such added lands had formed and constituted a
1068part of the original unit or units at the time of the original
1069issuance of such bonds or other obligations, and regardless of
1070whether the holders of such bonds or other obligations are the
1071original holders thereof or the holders from time to time
1072hereafter, and the rights and remedies of such holders against
1073the lands in the amended unit or units, including any lands
1074added thereto, under such allocation and apportionment, shall
1075constitute vested and irrevocable rights and remedies to the
1076holders from time to time of such bonds or other obligations as
1077fully and to the same extent as if such bonds or other
1078obligations had been originally issued to finance the
1079improvements in such amended unit or units under such amended
1080water control plan of reclamation. Conversely, in the event of
1081the change of the boundaries of any unit wherein lands are
1082detached therefrom, as provided for in this section, said lands
1083so detached shall be relieved and released from any further
1084liability for the assessment, levy, or payment of any taxes for
1085the purpose of paying the principal or interest on any bonds
1086originally issued for the original unit from which said lands
1087were detached.
1088     Section 51 52.  Mandatory use of certain district
1089facilities and services.-The district may require all lands,
1090buildings, and premises, and all persons, firms, and
1091corporations, within the district to use the drainage and water
1092management reclamation facilities of the district. Subject to
1093such exceptions as may be provided by the resolutions, rules, or
1094bylaws of the board, and subject to the terms and provisions of
1095any resolution authorizing any bonds and agreements with
1096bondholders, no drainage or water management and reclamation
1097facilities shall be constructed or operated within the district
1098unless the board gives consent thereto and approves the plans
1099and specifications therefor. The violation of the foregoing
1100requirements is declared to be a criminal offense and
1101misdemeanor within the meaning of s. 775.08, Florida Statutes,
1102and shall be punishable as provided by general law.
1103     Section 54 55.  Maintenance and operation of projects and
1104drainage and water management facilities across rights-of-ways.-
1105The district shall have the power to construct, maintain, and
1106operate its projects and drainage and water management
1107facilities in, along, on, or under any dedications to the
1108public, platted or dedicated rights-of-way, platted or dedicated
1109reservations, streets, easements, water management areas,
1110alleys, highways, or other public places or ways, and across any
1111drain, ditch, canal, floodway, holding basin, excavation,
1112railroad right-of-way, easement, reservation, water management
1113area, track, grade, fill, or cut, within or without the
1114district.
1115     Section 57 58.  Fees, rentals, tolls, fares, and charges;
1116procedure for adoption and modification; minimum revenue
1117requirements.-The district shall have the power to prescribe,
1118fix, establish, and collect rates, fees, rentals, tolls, fares,
1119or other charges, hereinafter sometimes referred to as
1120"revenues," and to revise the same from time to time, for the
1121facilities and services furnished or to be furnished by the
1122district, including, but not limited to, drainage and water
1123management facilities.
1124     Section 58 59.  Subdivision regulation.-
1125     (2)  Any division of a parcel of land as a subdivision as
1126defined in this act shall be subject to such plat and
1127subdivision regulations hereafter adopted, amended, or modified
1128by the district under the authority of law. Such regulations may
1129provide for streets in the subdivision to be of such width,
1130grade, and location as to facilitate drainage and water
1131management; provide that adequate easements and rights-of-way be
1132provided for drainage and water management and that the lay-out
1133of the subdivision conform to the comprehensive water control
1134plan for drainage and water management for the area; and provide
1135for the drainage and water management requirements to be met.
1136The district shall not approve any subdivision plat unless the
1137land included within the subdivision is suitable or shall be
1138made suitable to the various purposes for which it is intended
1139to be used, and, in particular, unless all land intended for
1140building sites can be used safely for building purposes, without
1141the danger from flood or other inundation, or from any such
1142menace to health, safety, or public welfare. After the effective
1143date of this act, It shall be unlawful for anyone being an
1144owner, or agent of an owner, of any land to transfer, sell,
1145agree to sell, or negotiate to sell such land by reference to,
1146or exhibition of, or by any other use of a plat or subdivision
1147of such land, without having submitted a plat of such
1148subdivision to the district and obtaining its approval as
1149required by this act. The unlawful use of a plat by the owner,
1150or the agent of the owner, of such land before it is properly
1151approved by the district is declared to be a criminal offense
1152and misdemeanor within the meaning of s. 775.08, Florida
1153Statutes, and shall be punishable as provided by general law.
1154The description by metes and bounds in the instrument of
1155transfer or other document used in the process of transferring
1156shall not exempt the transaction from such penalties.
1157     Section 61 62.  Obstructions, damage, and destruction
1158prohibited; damages; enforcement; and penalties.-
1159     (4)  A person may not willfully, or otherwise, obstruct any
1160canal, drain, ditch, watercourse, or water management area or
1161destroy any drainage works constructed in or maintained by the
1162district or obstruct or damage any easement, right-of-way, or
1163other property dedicated to the district or the public or fail
1164to comply with the district's 5-year recertification program
1165rules, criteria, or regulations.
1166     Section 63 64.  Bailey Drainage District abolished and
1167assets transferred to South Broward Drainage District.-That
1168effective October 1, 1992, the Bailey Drainage District hereto
1169created by the Florida Legislature pursuant to chapter 67-950,
1170Laws of Florida, and amendments thereto, was abolished. Except
1171as provided by sections 67 and 68 and 69, the easements, rights-
1172of-way, dikes, ditches, facilities, equipment, files, papers,
1173plans, and all other assets, real or personal, of whatever
1174description and wheresoever situate of said Bailey Drainage
1175District, on October 1, 1992, were surrendered to the Board of
1176Supervisors of the South Broward Drainage District and such
1177easements, rights-of-way, dikes, ditches, facilities, equipment,
1178files, papers, plans, and all other assets of the Bailey
1179Drainage District shall, by operations and provisions of this
1180section of this law, become and remain easements, rights-of-way,
1181dikes, ditches, facilities, equipment, files, papers, plans, and
1182all other assets of the South Broward Drainage District.
1183     Section 64 65.  Bailey Drainage District powers,
1184indebtedness, and liabilities transferred to South Broward
1185Drainage District.-Commencing on October 1, 1992, all powers,
1186duties, responsibilities, obligations, and functions of Bailey
1187Drainage District except as stated in sections 67 and 68 and 69,
1188shall be performed by South Broward Drainage District and South
1189Broward Drainage District shall assume all indebtedness of
1190Bailey Drainage District. Commencing on October 1, 1992, except
1191as stated in sections 67 and 68 and 69, South Broward Drainage
1192District shall assume all liabilities of Bailey Drainage
1193District both known and unknown as of October 1, 1992.
1194     Section 67 68.  Bailey Drainage District road right-of-way
1195and responsibility for roadways transferred to Board of
1196Commissioners of Broward County.-Notwithstanding the provisions
1197of sections 63, 64, 65, and 66, and 67, the South Broward
1198Drainage District shall have no requirements or responsibility
1199for maintaining or improving any roadways located within the
1200lands described in section 62, 63 and on October 1, 1992, all
1201road rights-of-way described in section 68 69 along with the
1202roadways constructed therein were surrendered to the Board of
1203Commissioners of Broward County and by operation and provisions
1204of this section became and shall remain rights-of-way and
1205property of Broward County, subject to all drainage easements
1206previously dedicated to Bailey Drainage District which as of
1207October 1, 1992, are drainage easements of South Broward
1208Drainage District.
1209     Section 69 70.  Broward County responsible for operation
1210and maintenance of roadways within lands described in section 68
121169.-Pursuant to the provisions of chapters 335 and 336, Florida
1212Statutes, Broward County shall, from October 1, 1992, be the
1213governmental entity responsible for operation and maintenance of
1214all roads within the lands described in section 62 63 and
1215located within the right-of-way described in section 68 69, said
1216roads to be part of the Broward County road system.
1217     Section 71 72.  South Broward Drainage District to have all
1218of its power and authority and jurisdiction over lands described
1219in section 62 63.-Commencing on October 1, 1992, the South
1220Broward Drainage District shall have all of the powers and
1221authority and jurisdiction over and within the territory
1222described in section 62 63 hereof and of the inhabitants thereof
1223and the property located therein as it had over and within its
1224boundaries prior to October 1, 1992; and all of the laws,
1225regulations, and resolutions of or pertaining to the South
1226Broward Drainage District shall apply to and have the same force
1227and effect on all the territory described in section 62 63 as if
1228such territory had been a part of said South Broward Drainage
1229District at the time of passage and approval of such laws,
1230regulations, and resolutions.
1231     Section 3.  Nothing in this act supersedes chapter 99-468,
1232Laws of Florida.
1233     Section 4.  A certified copy of this act shall be recorded
1234in the Broward County Public Records by the South Broward
1235Drainage District.
1236     Section 5.  If any provision of this act or its application
1237to any person or circumstance is held invalid, the invalidity
1238does not affect other provisions or applications of this act
1239which can be given effect without the invalid provision or
1240application, and to this end the provisions of this act are
1241severable.
1242     Section 6.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.
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